TITLE VIII. BAIL Art. 311. Definitions For the purpose of this Title, the following definitions shall apply: (1) Bail is the security given by a person to assure a defendant’s appearance before the proper court whenever required. (2) An appearance is a personal appearance before the court or the court’s designee, where the charges are […]
Art. 312. Right to bail before and after conviction A. Except as provided in this Article and Article 313, a person in custody who is charged with the commission of an offense is entitled to bail before conviction. B. A person released on a previously posted bail undertaking for (1) a crime of violence as […]
Art. 313. Gwen’s Law; bail hearings; detention without bail A.(1) This Paragraph may be cited as and referred to as “Gwen’s Law”. (2) A contradictory bail hearing, as provided for in this Paragraph, may be held prior to setting bail for a person in custody who is charged with domestic abuse battery, violation of protective […]
Art. 313.1. Detention of noncitizen defendant pending bail hearing A. A contradictory bail hearing, as provided for in this Article, shall be held prior to setting bail for any person in custody who is not a citizen of the United States or not lawfully admitted for permanent residence and who is charged with the commission […]
Art. 314. Authority to fix bail; bail order A. The following magistrates, throughout their several territorial jurisdictions, shall have authority to fix bail: (1) District courts and their commissioners having criminal jurisdiction, in all cases. (2) City or parish courts and municipal and traffic courts of New Orleans having criminal jurisdiction, in cases not capital. […]
Art. 315. Schedules of bail A. Unless the bail is fixed by a schedule in accordance with this Article, the amount of bail shall be specifically fixed in each case. In noncapital felony cases, a bail schedule according to the offense charged may be fixed by a district court. In misdemeanor cases, a bail schedule […]
Art. 316. Factors in fixing amount of bail The amount of bail shall be fixed in an amount that will ensure the presence of the defendant, as required, and the safety of any other person and the community, having regard to: (1) The seriousness of the offense charged, including but not limited to whether the […]
Art. 317. Organization performing or providing pretrial services Any organization which is contracted, employed, or which receives public funds to perform or provide pretrial services, such as screening of any defendant, shall verify all background information provided by a defendant or otherwise obtained by the organization regarding the defendant. Amended by Acts 1982, No. 276, […]
Art. 318. Juvenile records in fixing bail A. For the purpose of fixing bail, a court may make a written request of any juvenile court for an abstract containing only the delinquent acts of a defendant currently before the requesting court. The request shall be promptly complied with; however, not more than forty-eight hours, exclusive […]
Art. 319. Modifications of bail A. The court having trial jurisdiction over the offense charged, on its own motion or on motion of the prosecuting attorney or defendant, for good cause, may either increase or reduce the amount of bail, or require new or additional security. For purposes of this Article, good cause for increase […]
Art. 320. Conditions of bail undertaking A. Definitions. For the purpose of this Article: (1) “Firearm” means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle that is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by […]
Art. 321. Types of bail; restrictions A. The types of bail are: (1) Bail with a commercial surety. (2) Bail with a secured personal surety. (3) Bail with an unsecured personal surety. (4) Bail without surety. (5) Bail with a cash deposit. B. All bail must be posted in the full amount fixed by the […]
Art. 322. Commercial surety A surety company authorized to do business in the state of Louisiana may become surety for the release of a person on a bail undertaking. The sufficiency of security posted in the form of an appearance bond by a surety company, as required by the provisions of Title 22 of the […]
Art. 323. Secured personal surety A. A secured personal surety is a personal surety who satisfies all the requirements of Article 311(5) and specifically mortgages immovable property located in the state of Louisiana. B. Bail without surety may be secured by a mortgage on the immovable property of the defendant pursuant to this Article or […]
Art. 324. Unsecured personal surety A. A person in custody may be released by order of the court on an unsecured personal surety bail undertaking. An unsecured personal surety is a personal surety where the surety satisfies all the requirements of Article 311(5) and lives and resides in the state of Louisiana without specifically mortgaging […]
Art. 325. Bail without surety A person in custody may be released by order of the court on his personal bail undertaking without the necessity of furnishing a surety, unless otherwise provided in this Title. Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
Art. 325.1. Repealed by Acts 1983, No. 256, §1.
Art. 326. Cash deposits A.(1) In lieu of a surety the defendant may furnish a bail undertaking, secured by a deposit with an officer authorized to accept the bail. The deposit shall consist of any of the following which are equal to the amount of the bail: (a) Cash. (b) A certified or cashier’s check […]
Art. 327. Those who may not be sureties A person shall not be released on bail for which an attorney at law, a judge, or ministerial officer of a court becomes a surety or provides money or property for bail; but the invalidity of such bail shall not be a defense to an action to […]
Art. 327.1. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017. Acts 1997, No. 1156, §3; Acts 2003, No. 750, §2; Acts 2012, No. 197, §3; Acts 2014, No. 317, §6; Acts 2015, No. 242, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
